What is the name of your state (only U.S. law)? Indiana
On March 5th 2010, I accepted an offer on my home. The closing is set for March 31st. I just recieved a summons that I am being sued by my HOA for $1,382.60 for attorney fees to file an injunction for me to remove my boat. I have had a small boat on a trailer parked on the side of my house for the last 4 1/2 years. I am shocked to say the least, I was never warned or asked to move it, but it is in the HOA covenant that boats cannot be kept on the property, and that I can be sued for their "reasonable attorney fees".
It seems incredibly spiteful that they waited almost 5 years and sued me after a "sale pending" sign was in our yard, and the boat injunction was no longer necessary. But here is my question: they sued me under the wrong name, the summons is for "Jack" instead of "Zach". Can I file a motion and force them to refile under my correct name, by which time we will no longer own property in this neighborhood and they will not have jurisdiction to sue me? Since they filed after our sale is pending does that mean anything? I am frusterated beyond words, if they would have sent me ONE notice that I was not in compliance I would have moved the boat.
Do I have any legal response to get out of paying over $1k for an injunction to remove a boat that is no longer there, on a property I have already sold??
On March 5th 2010, I accepted an offer on my home. The closing is set for March 31st. I just recieved a summons that I am being sued by my HOA for $1,382.60 for attorney fees to file an injunction for me to remove my boat. I have had a small boat on a trailer parked on the side of my house for the last 4 1/2 years. I am shocked to say the least, I was never warned or asked to move it, but it is in the HOA covenant that boats cannot be kept on the property, and that I can be sued for their "reasonable attorney fees".
It seems incredibly spiteful that they waited almost 5 years and sued me after a "sale pending" sign was in our yard, and the boat injunction was no longer necessary. But here is my question: they sued me under the wrong name, the summons is for "Jack" instead of "Zach". Can I file a motion and force them to refile under my correct name, by which time we will no longer own property in this neighborhood and they will not have jurisdiction to sue me? Since they filed after our sale is pending does that mean anything? I am frusterated beyond words, if they would have sent me ONE notice that I was not in compliance I would have moved the boat.
Do I have any legal response to get out of paying over $1k for an injunction to remove a boat that is no longer there, on a property I have already sold??
